Dharmendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23573 of 2021 Arising Out of PS. Case No.-280 Year-2020 Thana- BARARI District- Katihar ====================================================== DHARMENDRA SAH SON OF LATE GOPI SAH R/O VILLAGEASHRAM TOLA BARINAGAR, P.S.- BARARI, DISTRICT- KATIHAR. ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Md. Musowir, Advocate For the Opposite Party :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Barari P.S. Case No. 280 of 2020, disclosing offence punishable under Sections 25 (1-b)a/26 of Arms Act.

The petitioner is in custody since 30.10.2020. Allegedly, the petitioner was apprehended by police with one country made pistol and one live cartridge on a secret information that the petitioner was planning to commit some crime.

It has been stated in paragraph 3 of the application that the petitioner has criminal antecedent, inasmuch as, he is accused in 3 more criminal cases registered in the years 2010

Patna High Court CR. MISC. No.23573 of 2021(3) dt.29-11-2021 2/2 and 2011.

Learned counsel appearing on behalf of the petitioner has submitted that as the petitioner has already remained in custody for more than a year and charge-sheet has already been submitted, no tangible purpose will be served if the petitioner is compelled to remain in custody any further.

Considering the facts and circumstances of the case as noted above, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned A.C.J.M.-V, Katihar, District Katihar in Barari P.S. Case No. 280 of 2020.

It is further indicated that in case the petitioner is found indulging in any offence while on bail, by virtue of the present order, the prosecution shall be obliged to approach this court seeking cancellation of bail granted to him. (Chakradhari Sharan Singh, J) K.K.RAO/- U T